Serving clients in Fayetteville and all of NW Arkansas
You may have seen someone driving an ATV down the road zipping along and having a good time. Or maybe you have seen a commercial for an ATV where the rider is expertly navigating some rocky or muddy terrain. ATV’s are in fact a popular vehicle to ride and in the summer time, you may see more people using these vehicles that you normally would. However, despite the fun that many users report when they are riding, these vehicles lead to many accidents and injuries for their riders, passengers, and other vehicles involved.
If you or a loved one has been injured, let Ken Kieklak, Attorney at Law help you through this difficult time. We believe that negligent parties should be held accountable for their actions, and are experienced in all types of personal injury cases.
What are ATV’s?
The Specialty Vehicle Institute of America defines an ATV as: An all-terrain vehicle is defined as a motorized off-highway vehicle designed to travel on four low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control. ATVs are subdivided into two types as designated by the manufacturer. Type I ATVs are intended by the manufacturer for use by a single operator and no passenger. Type II ATVs are intended by the manufacturer for use by an operator and a passenger and are equipped with a designated seating position behind the operator.
ATVs are not “one size fits all.” The ATV industry recommends all riders operate an ATV intended for their age. Youth model ATVs are designed for smaller hands and feet, and travel at slower speeds appropriate for their age.
This definition is supported by the Arkansas Legislature who have provided a definition of an ATV in Chapter 21 §27-21-102 of their Traffic code.
Common Injuries Associated with ATV Accidents
Children and teenagers under the age of 16 are more at risk of injury from an ATV accident for a variety of reasons. In particular, boys account for a vastly larger percentage of injuries than females do. While the 93,700 estimated ATV-related, emergency department-treated injuries for all ages in 2014, were categorized as minor where the injured person was treated and then released some sustained more substantial injuries including:
- Contusions/ abrasions
- Head or neck injuries
- Traumatic Brain Injuries
- Shoulder injuries
- Leg injuries
All-terrain vehicles (ATVs) are not designed for on-highway use, but in recent years more than 300 riders died in crashes on public roads annually. While Arkansas prohibits the use of ATVs on public roads except in certain circumstances, people still drive on roads throughout Bentonville, which can lead to accidents with cars, trucks, and other motorcycles.
Unfortunately, ATV accidents happen quite regularly. On April 10, 2016, a Little Rock woman lost her life as a result of an ATV accident when she was riding as a passenger on an ATV and the wheel fell off while the two were driving down St. Francis County road. This underscores the importance of being safe when you are driving on an ATV. Some of these vehicles can have speeds that can exceed seventy or eighty miles an hour.
Compensation for Auto Accidents in Arkansas
The types and amounts of damages you may be entitled to are dependent upon the injury you suffered, the facts and circumstances surrounding that injury, and the damages you have experienced. Generally speaking, in a viable personal injury action, the main category of available damages are compensatory damages. Compensatory damages are awarded to compensate you for the damages and injury you experienced. These can include:
- Your pain and suffering
- Wages lost due to injury
- Reduced future earning potential because of the injury
- Damage to property
- Hospital bills
- Bill for medical devices
- Physical therapy bills
Depending on the circumstances other damages may be available. In circumstances where the conduct was intentional or wanton, punitive damages may be imposed.
Put the Experience of Bentonville ATV Accident Attorney Ken Kieklak to Work for You
If you have suffered a serious injury be sure to seek medical attention immediately. Then to schedule your free and confidential consultation, call Ken Kieklak, Attorney at Law at (479) 251-7767 or contact our firm online.
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